PREFACE

Mens-rea is the necessary element of a crime. Coke traces the origin

of the maxim ‘actus non facit reum nisi mens sit rea’ to the Sermons of

Augustin as ‘ream linguam non facit nisi mens rea’. Mens-rea passes

through many stages viz volition, will, intention. In Indian Penal Code

mens-rea is located with many words such as intention, voluntarily,

knowingly, negligently, conjointly, reason to believe, rashly, consent,

against the will, without consent etc.

Consent is specie of intention whereas intention is Genus in cases

where consent is given by co-accused. Under the present study in hand

eight chapters have been formulated to know various dimensions of the

concept of consent.

In the First Chapter, Introduction and Historical perspectives of

consent are discussed.

In the Second Chapter, specific circumstances are mentioned where

the accused is fully exonerated from any criminal liability for the act done

with or without consent of the victim because such act is done for the

benefit of the victim in good faith.

In the Third chapter, such offences are discussed where even consent

was given by victim, still the accused is not exonerated from the criminal

liability because such consent was given under fear of injury or

misconception of fact.

In the Fourth Chapter, those offences are mentioned where the

accused is not exonerated from Criminal liability even after consent of the
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victim reason being the victim was unable to understand the nature and

consequence of the act.

In Chapter Fifth, there are such offences which are independently

crimes irrespective of the given consent of the victim.

In the Sixth Chapter, Circumstances have been discussed where if

consent is taken of the victim, mitigation of criminal liability is available.

In the Seventh Chapter, effect of consent is discussed if such consent

is given by Accessaries before, at and after the crime.

Chapter Eightth is focused on conclusion and suggestions covering

study of all the chapters

(RENU BALA)